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May 29, 2002

Calif. Seeks Fines Against Internet Pharmacy 

SACRAMENTO, Calif. (Reuters) - California officials on Tuesday said the state was seeking $88.7 million in fines against a Los Angeles pharmacy for allegedly filling thousands of prescriptions for "lifestyle" drugs such as Viagra over the Internet. 

The California State Board of Pharmacy alleges the pharmacy illegally filled 3,500 prescriptions for drugs that included Viagra for sexual potency, Propecia for hair loss and Xenical for weight loss using out-of state doctors who did not examine the patients, a violation of California law. 

The citations came after an eight-month investigation that found consumers could order the drugs using credit cards by logging on to a Web site and filling out a questionnaire. 

State law authorizes officials to levy a $25,000 penalty for each violation -- a formula that worked out to a proposed $88.7 million fine for the alleged illegal prescriptions. 

"Many consumers deliberately use the Internet to get lifestyle drugs without seeing a doctor," Steve Litsey, president of the state's Board of Pharmacy said in a statement. "I don't think consumers understand how dangerous this can be." 

The board, which alleges customers often paid far higher prices for the drugs than is typical, issued three citations and demanded $54.9 million in fines from Total Remedy and Prescription Center II, $33.1 million from its co-owner and pharmacist-in-charge Barry Irvin and $697,000 from pharmacist William Packer. 

Representatives from the pharmacy could not be reached for comment. The state fines have not been levied because of a process which provides a 30-day window during which the pharmacists can request a hearing to appeal, an official said. 

State law makes it illegal for Internet pharmacies to fill prescriptions without a "good faith prior medical examination" by a California licensed doctor. 

While out-of-state doctors were also allegedly involved, officials said their authority only extended to pharmacists and physicians licensed by the state of California. 

 

 

 

 

 

 

 

 

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